Friday, November 7, 2008

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European issues

measures with equivalent effect to quantitative restrictions (MEERQ)

The MEERQ are prohibited both imports and exports (Article 28 and 29 EC). A definition of judicial MEERQ is given in Dassonville ECJ Judgement of 11 July 1974: "All trading rules enacted by Member States may hinder directly or indirectly, actually Community trade or potentially be considered as measures equivalent to quantitative restrictions. "
one hand, overt discrimination is prohibited, other provisions apply equally to national and other Member States can be censored (ECJ Cassis de Dijon February 20, 1979: trade regulations can be MEERQ even if they indiscriminately affect domestic and other intra but a halt to this case is given with the Keck Judgement ECJ 24 November 1993 are not MEERQ that measures affecting products differently national and EU products unless they exceed the effects intrinsic to trade rules).

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